TMI BlogRefund u/s 54X X X X Extracts X X X X X X X X Extracts X X X X ..... My client recently constructed Cotton process Mill and acquired Plant and Machinery. On the Plant and machinery, he has paid ₹ 50.00 lakhs as GST. As he is dealing with cotton and buying raw cotton from farmers, he liable to pay GST under RCM u/s 9(3) . So he is liable to pay to tax under RCM on Cotton purchases every month and claims ITC as usual. In the situation major portion of ITC on P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant Machinery becoming idle. Can we claim ITC on Plant and Machinery as refund U/s 54 ? If there is no possibility to claim ITC, then how to over come the situation? - Reply By KASTURI SETHI - The Reply = In this scenario, refund cannot be claimed. There is no such provision. As per Section 16 of CGST Act , ITC of tax paid on the purchase of goods or services, is required to be used in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he course or furtherance of business. How to overcome this ordeal ? The basic purpose of policy of RCM is to account for the purchases in the books of account by the supplier and the buyer and thus curb leakage of revenue. There may be so many such instances being faced by the tax payers/assessees.Matter should be raised before GST Council by Trade and Industry Association. - Reply By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NARENDER YARRAGORLA - The Reply = Thank u sir for your response - Reply By Shilpi Jain - The Reply = Agree. There is no possibility of refund more so because it is a capital goods credit. The law has given a step motherly treatment for CG credit when it comes to refund!! You can use it on discharging GST on your outward supply, claim refund in case of exports or SEZ supplies, made with paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of tax. - Reply By KASTURI SETHI - The Reply = I agree with Madam Shilpi Jain's view regarding usage of credit of capital goods for export purpose and,thereafter, claim refund/rebate. - Reply By NARENDER YARRAGORLA - The Reply = Now the client wants to start labor supply business in his region, can he utilizes the ITC on P M to pay outward tax on labor supply? - Reply By KASTURI SETHI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - The Reply = Yes. ITC availed on plant machinery can be used for supplying taxable outward supply of man power supply (labour supply). - Reply By NARENDER YARRAGORLA - The Reply = Thank u sir - Reply By SOWMYA CA - The Reply = Sir, given the fact that ITC on the Plant and Machinery incurred ₹ 50 lakhs lapses within september of the subsequent year, it better is weigh the option of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... capitilising the machinery with the GST portion and claiming depreciation on it if the ITC on it is not going to get utilised within the year. - Refund u/s 54 - Query Started By: - NARENDER YARRAGORLA Dated:- 20-12-2021 Goods and Services Tax - GST - Got 8 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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